Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-08

citation, joint stock company or corporation,
in the course of business or otherwise, of
any quantity of such explosive substance
Section 2. Such journal or record book
must show in legible handwriting, to be
entered therein at the time, a complete his
tory of each transaction, stating the name
and quantity of the explosive sold, deliv-
cred, given away, transferred or otherwise
disposed of; the name, place of residence,
or place of business OF the purchaser or
transferree; the name of the individual to
whom delivered, with his or her address,
with a description of such individual, suffi-
cient to provide for Identification.
Section 3. Such journal or record book
must be kept by the person, firm, associa-
ton, joint stock company, or corporation so
selling, delivering or otherwise disposing
of such explosive substance or substances,
in his or their principal office or place of
business, at all times subject to the inspec-
ton and examination of the police author
tiles of the State or municipality where the
same is situated, on proper demand made
therefor. Any failure or neglect to keep
such book, or to make the proper entries
therein at the time of the transaction, as
herein provided, or to exhibit the same to
the police authorities on proper demand,
shall be deemed a misdemeanor, and pun
ished accordingly.
Section f. In addition to such punish
ment, and as cumulative penalty, such
person. firm, association, Joint stock conf
pany or corporation so offending, shall for
felt to the State, for each offense, the sum
of one hundred dollars, to be recovered in
any Court of competent jurisdiction, by
action at law. Such action may be NAM
tanned by any citizen of the State suing as
a common informer, on behalf of himself
and the State, and any number of infrac-
tons of this statute committed by the same
person, firm, association, joint stock COM
pany or corporation, may be Joined in the
same action, and the amount recovered
shall be collected and taken by such in
former, subject to paying one-half thereof
into the State Treasury and keeping the
rest for his own benefit.
Section 3. Any person who, while in the
public streets of any town or city, OF at, in
or near to any theater, hall, public or pri-
vate school, or college, church, hotel, or
other public building; or at, in or near to
any private habitation or in, on board of,
or near any railway passenger train or car,
or tram or cable road, or car of the same;
or steam, or other vessel, engaged in carry
ing passengers, or ferryboat or other public
place where human beings pass and repass,
shall recklessly or malIciously have in his
or her possession any dynamite. nitro
glycerine, vigorite, Hercules powder, giant
by any use of such substances, recklessly
or maliciously intimidates, terrifies or en-
dangers any human being. is guilty of
felony, and, on conviction, shall be pun
ished accordingly.
Section 6. Any person not regularly en-
gagged in the manufacture, sale, transporta-
ton or legitimate use in blasting operation,
or in the arts, of such substances as are
named in this Act, shall be presumed
(prima- facie) to be guilty of reckless or
malicious possession thereof, within the
meaning of the foregoing section, if it is
found upon him or in his possession in any
of the places or circumstances specified
therein and intended to be protected by
this Act.
Section 7. No person may keep or have
in his or her possession any dynamite,
yigorite, nitro-glycerine, giant powder, Her
cules powder, or other high explosive, ex-
cept in the regular course of business car
ried on by such person, either as manu-
facturer thereof or merchant dealing in the
same or for usein legitimate blasting opera
tons, or in the arts, or while engaged in
transporting the same for others, or as the
agent or employee of others engaged in the
course of such business or operation. Any
possession of any of such explosive sub
stances as are named in this Act is unlaw-
full. and the person so unlawfully possessing
it is guilty of misdemeanor, and shall be
punished accordingly.
Section s. Any person who mallciousiy
deposits or explodes, or who attempts to
explode at, in, under or near any building
vessel or boat, railroad, tramroad or cable
road, or any train or car, or depot, stable,
car-house, theater, school-house, church.
dwelling-house, or other place where
human beings usually inhabit, assemble,
frequent, or pass and repass, any dynamite,
nitro glycerine, vigorits giant or Hercules
powder, or other high explosive, with the
intent to injure or destroy such building,
vessel, boat or other structure, or with the
intent to injure, intimidate or terrify any
human being, or by means of which any
human being is injured or endangered, is
guilty of felony.
Section 0. Any person, firm or corporation,
who shall take, carry or transport, or cause
to be taken. carried or transported, any
dynamite, vigorite, nitro-glycerine, her
cules or giant-powder, or other high ex-
plosive, into the limits of, or through, or
across, any incorporated city or town of
this State, or in, through, or across any
harbor, for shipping, in manner, condition,
or quantity, or otherwise, in violation of
the laws or ordinances of such city or
town, or of the laws or regulations, gov
erning such harbor, shall in addition to
the penalties provided or imposed by such
laws, ordinances and regulations forfeit to
the State of California all such explosive
substances, as well as the cases inclosing
the same Such forfeiture may be sued for
by any citizen of the State, for himself and
the State, and the goods or property when
so forfeited and recovered by judgment of
the Court shall ne sold and the proceeds
divided, the citizen so suing taking one
half to himself for his own benefit and
paying the other half into the State Treas
ury. Such action may be maintained in
any Court of competent jurisdiction, pro-
vided that the State shall never be liable to
any cost or expense for any such suit or
proceeding.
Section 10. Any of the forfeitures provided
in this Act may be taken advantage of,
and sued for and recovered by any member
of the police force of any city where the
same arises, for his own benefit, notwith-
standing any city ordinance TO the contrary.
Section IL This Act shall take effect and
be in force from and after its passage.